Terms of Service

Terms of Service

Contents:

The gist:

We the folks at Formidable PRO2PDF run a website and plugin service called Formidable PRO2PDF and would love for you to use it. Our basic plugin service is free, and we offer paid upgrades for advanced options and features. Our service is designed to give you as much control and ownership over what goes on your site as possible, however, be responsible in the emails and PDF attachments.

Terms of Service:

By using products, software, plugins, services, templates, forums or websites of fPRO2PDF (“Formidable PRO2PDF”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.formidablepro2pdf.com/terms-of-service/.

1. Use of Products

fPRO2PDF, its subsidiaries, employees, contractors, and affiliated companies (“Formidable PRO2PDF”) offer fPRO2PDF products to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving products under the laws of the United States or other applicable jurisdiction. In order to access certain products, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of fPRO2PDF products. You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to immediately notify fPRO2PDF of any unauthorized use of your password or account or any other breach of security. fPRO2PDF cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

2. Appropriate Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. fPRO2PDF products may download, request, or otherwise obtain content from the internet or your own computer at your request. You understand that by using fPRO2PDF products you may be exposed to Content that is offensive, indecent or objectionable, and that you use fPRO2PDF products at your own risk.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using fPRO2PDF products and for any consequences thereof. You agree to use fPRO2PDF products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts fPRO2PDF products or servers or networks connected to fPRO2PDF products. To report any activity or Content that may violate the Terms, please contact fPRO2PDF.

In addition to this agreement, your use of some specific fPRO2PDF products is governed by the policies or guidelines specific to those products, and which are specifically incorporated into this agreement.

Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

3. fPRO2PDF Privacy Policy

For information about our data protection practices, please see our Privacy Policy at http://www.formidablepro2pdf.com/privacy/. By using fPRO2PDF products, you acknowledge and agree that fPRO2PDF may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of FPRO2PDF, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of fPRO2PDF products, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or products.

4. Proprietary Rights

fPRO2PDF’s Rights
You acknowledge and agree that fPRO2PDF products and any necessary software used in connection with fPRO2PDF products (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through fPRO2PDF products is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by fPRO2PDF or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, fPRO2PDF products or Software, in whole or in part except as specifically authorized in a separate written agreement.

Subject to the Terms and applicable License Agreements, fPRO2PDF grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by fPRO2PDF in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to fPRO2PDF products. You agree not to access fPRO2PDF products by any means other than through the interface that is provided by fPRO2PDF for use in accessing fPRO2PDF products except as specifically authorized in a separate written agreement.

Except as expressly authorized by fPRO2PDF you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter fPRO2PDF’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the fPRO2PDF products or Software.

Your Rights
FPRO2PDF claims no ownership or control over any Content submitted, posted or displayed by you on or through FPRO2PDF products. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through FPRO2PDF products and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through FPRO2PDF products which are intended to be available to the members of the public, you grant FPRO2PDF a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on FPRO2PDF products for the purpose of displaying, distributing and promoting fPRO2PDF products. fPRO2PDF reserves the right to syndicate Content submitted, posted or displayed by you on or through fPRO2PDF products and use that Content in connection with any product offered by fPRO2PDF. fPRO2PDF furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

Other
Adobe, the Adobe logo, Adobe PDF, the Adobe PDF logo, Acrobat, Flash, the Flash logo (stylized “f”), LiveCycle, LiveCycle Forms ES, PostScript, the PostScript logo, Reader, and XMP are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

5. SOFTWARE AND AUTOMATIC UPDATES

Your use of any Software provided by FPRO2PDF will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. FPRO2PDF Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop FPRO2PDF products, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. In the event of a conflict between the Terms and the license agreement of Software, the license agreement shall have precedence.

6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS

It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers. For more information, please visit http://www.formidablepro2pdf.com/copyright/.

For information regarding our trademark complaint procedure, please contact FPRO2PDF. Any use of FPRO2PDF’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with FPRO2PDF’s then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.formidablepro2pdf.com/company/press/ (or such other URL FPRO2PDF may provide from time to time).

7. GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that FPRO2PDF has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by FPRO2PDF products. You acknowledge that FPRO2PDF may have set no fixed upper limit on the number of transmissions you may send or receive through FPRO2PDF products or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of FPRO2PDF products, including upon receipt of a certificate or other legal document confirming your death, FPRO2PDF will close your account and you will no longer be able to retrieve content contained in that account.

8. MODIFICATIONS TO PRODUCT

FPRO2PDF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, FPRO2PDF products (or any part thereof) with or without notice. You agree that FPRO2PDF shall not be liable to you or to any third party for any modification, suspension or discontinuance of FPRO2PDF products.

9. TERMINATION

You may discontinue your use of FPRO2PDF products at any time. You agree that FPRO2PDF may at any time and for any reason, including a period of account inactivity, terminate your access to FPRO2PDF products, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to FPRO2PDF products, your account or any files or other content contained in your account. Sections 9 (Termination), 12 (Indemnity), 13 (Disclaimer of Warranties), 14 (Limitations of Liability), 15 (Exclusions and Limitations) and 18 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.

10. ADVERTISEMENTS

Some FPRO2PDF products are supported by advertising revenue and may display advertisements and promotions on the product. Such advertisements may be targeted to the content of information stored on the FPRO2PDF products, queries made through FPRO2PDF products or other information. The manner, mode and extent of advertising by FPRO2PDF on its products are subject to change. As consideration for your use of FPRO2PDF products, you agree that FPRO2PDF may place such advertising and that FPRO2PDF shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on FPRO2PDF products or your subsequent dealings with advertisers.

11. LINKS

FPRO2PDF products may provide, or third parties may provide, links to other World Wide Web sites or resources. FPRO2PDF may have no control over such sites and resources and you acknowledge and agree that FPRO2PDF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FPRO2PDF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or products available on or through any such site or resource.

12. INDEMNITY

You agree to hold harmless and indemnify FPRO2PDF, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “FPRO2PDF and Partners”) from and against any third party claim arising from or in any way related to your use of FPRO2PDF products, violation of the Terms or any other actions connected with use of FPRO2PDF products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, FPRO2PDF will provide you with written notice of such claim, suit or action.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF FPRO2PDF PRODUCTS IS AT YOUR SOLE RISK. FPRO2PDF PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FPRO2PDF AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FPRO2PDF AND PARTNERS DO NOT WARRANT THAT (i) FPRO2PDF PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) FPRO2PDF PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FPRO2PDF PRODUCTS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FPRO2PDF PRODUCTS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FPRO2PDF PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FPRO2PDF OR THROUGH OR FROM FPRO2PDF PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FPRO2PDF AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FPRO2PDF OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FPRO2PDF PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FPRO2PDF PRODUCTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FPRO2PDF PRODUCTS; OR (v) ANY OTHER MATTER RELATING TO FPRO2PDF PRODUCTS.

15. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

17. NOTICE

You agree that FPRO2PDF may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on FPRO2PDF products.

18. GENERAL INFORMATION

Entire Agreement
The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and FPRO2PDF and govern your use of FPRO2PDF products, superceding any prior agreements between you and FPRO2PDF for the use of FPRO2PDF products. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FPRO2PDF products, affiliate products, third-party content or third-party software.

Choice of Law and Forum
The Terms and the relationship between you and FPRO2PDF shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FPRO2PDF agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.

Waiver and Severability of Terms
The failure of FPRO2PDF to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FPRO2PDF products or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms are for convenience only and have no legal or contractual effect.

Privacy Policy:

Formidable PRO2PDF (“fPRO2PDF“) operates formidablepro2pdf.com and may operate other websites. It is fPRO2PDF’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, fPRO2PDF collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. fPRO2PDF’s purpose in collecting non-personally identifying information is to better understand how fPRO2PDF’s visitors use its website. From time to time, fPRO2PDF may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

fPRO2PDF also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on formidablepro2pdf.com blogs/sites. fPRO2PDF only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to fPRO2PDF’s websites choose to interact with fPRO2PDF in ways that require fPRO2PDF to gather personally-identifying information. The amount and type of information that fPRO2PDF gathers depends on the nature of the interaction. For example, we ask visitors who sign up at formidablepro2pdf.com to provide a username and email address. Those who engage in transactions with fPRO2PDF are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, fPRO2PDF collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with fPRO2PDF. fPRO2PDF does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

fPRO2PDF may collect statistics about the behavior of visitors to its websites. fPRO2PDF may display this information publicly or provide it to others. However, fPRO2PDF does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

fPRO2PDF discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on fPRO2PDF’s behalf or to provide services available at fPRO2PDF’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using fPRO2PDF’s websites, you consent to the transfer of such information to them. fPRO2PDF will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, fPRO2PDF discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when fPRO2PDF believes in good faith that disclosure is reasonably necessary to protect the property or rights of fPRO2PDF, third parties or the public at large. If you are a registered user of an fPRO2PDF website and have supplied your email address, fPRO2PDF may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with fPRO2PDF and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. fPRO2PDF takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. fPRO2PDF uses cookies to help fPRO2PDF identify and track visitors, their usage of fPRO2PDF website, and their website access preferences. fPRO2PDF visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using fPRO2PDF’s websites, with the drawback that certain features of fPRO2PDF’s websites may not function properly without the aid of cookies.

Business Transfers

If fPRO2PDF, or substantially all of its assets, were acquired, or in the unlikely event that fPRO2PDF goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of fPRO2PDF may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by fPRO2PDF and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, fPRO2PDF may change its Privacy Policy from time to time, and in fPRO2PDF’s sole discretion. fPRO2PDF encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a formidablepro2pdf.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.